Howell v Evans & Anor

Howell v Evans & Anor

Mr Howell has issued multiple claims and applications certified as totally without merit in at least five different sets of proceedings, against different defendants and factual circumstances. His conduct demonstrates persistent refusal to accept adverse decisions and repeated attempts to relitigate hopeless matters. An extended or limited civil restraint order would not suffice given the breadth and nature of his litigation. A general civil restraint order is necessary and proportionate to protect the court and other parties from further vexatious litigation.

Parties
Claimant/respondent: Mr Mark Howell; Defendant/applicant: David Evans; Defendant/applicant: Lord Iain McNicol; Defendant/respondent: Ian Stewart
Jurisdiction
England and Wales
Judgment Date
16 October 2020
Procedural Posture
Civil / Ruling on Application for General Civil Restraint Order
Outcome
General civil restraint order granted against Mr Howell.
Legal Topics
Civil Restraint Orders, Vexatious Litigation, Abuse of Process, Costs, Appeals
Civil Procedure Civil Restraint Orders Vexatious Litigation Abuse of Process Costs Appeals

Case Brief

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Parties

Mr Mark Howell

Claimant/respondent

David Evans

Defendant/applicant

Lord Iain McNicol

Defendant/applicant

Ian Stewart

Defendant/respondent

Procedural Posture

Civil / Ruling on Application for General Civil Restraint Order

Legal Issues

  1. 1 Whether Mr Howell has persistently issued claims or applications totally without merit
  2. 2 Whether a general civil restraint order is justified
  3. 3 Whether an extended or limited civil restraint order would suffice

Ratio Decidendi

Mr Howell has issued multiple claims and applications certified as totally without merit in at least five different sets of proceedings, against different defendants and factual circumstances. His conduct demonstrates persistent refusal to accept adverse decisions and repeated attempts to relitigate hopeless matters. An extended or limited civil restraint order would not suffice given the breadth and nature of his litigation. A general civil restraint order is necessary and proportionate to protect the court and other parties from further vexatious litigation.

Court Disposition

General civil restraint order granted against Mr Howell.

Orders

  • Mr Howell is prohibited from issuing claims or making applications in the High Court or County Court without permission from Mrs Justice Tipples or another High Court Judge in the Queen’s Bench Division.
  • The general civil restraint order will last until 10 September 2022.